HIGHTRAC LLC
hightrac.com
info@hightrac.com
(731) 256-2703

ONLINE AUCTION CONSIGNMENT AGREEMENT
This Online Auction Consignment Agreement (“Agreement”) is entered into electronically between HIGHTRAC LLC (“Agent”) and the undersigned seller (“Seller”).

By submitting this form, selecting a marketing option, signing electronically, and paying the applicable listing and marketing fee, Seller agrees to the terms and conditions set forth below.

1. AUCTION SERVICES
Agent may offer the Seller’s submitted property, equipment, vehicles, or real estate (“Items”) for sale through an online, timed, live, simulcast, retail, or hybrid auction and marketing format at a date and time determined by Agent.

Submission of this Agreement does not guarantee acceptance of any Item for auction or marketing.

2. LISTING & MARKETING FEES
Seller agrees to pay a non-refundable listing and marketing fee at the time of submission based on the Marketing & Sale Option selected by Seller, which may include but is not limited to:

AuctionTime – Rapid Sale (No Reserve)

AuctionTime – Retail to Auction Sale

Simulcast Auction – No Reserve

Simulcast Auction – Reserve

Proxibid/Bidspotter Timed - No Reserve

Proxibid/Bidspotter Timed - Reserve

White Glove – Retail / Auction Mix Marketing

Listing and marketing fees may range from $99 to $299 depending on the option selected.

All listing and marketing fees are non-refundable under all circumstances.
Payment of any listing or marketing fee does not guarantee sale, price, or inclusion in a specific auction event.

3. TITLES, OWNERSHIP & AUTHORITY
Seller represents and warrants that Seller is the lawful owner of the Items or is fully authorized to sell them, and that all Items are free of liens, leases, or encumbrances unless fully disclosed.

For titled Items, Seller agrees to provide clear copies of titles, MCOs, deeds, or other ownership documents upon request and to deliver original documents to Agent immediately following sale for proper transfer.

Seller shall not deliver original title documents directly to the buyer.

4. CONDITION & DISCLOSURE
All Items are sold AS-IS, WHERE-IS, with no warranties or guarantees expressed or implied.

Seller is solely responsible for the accuracy of all descriptions, disclosures, condition reports, hours, mileage, and representations related to the Items.

Seller agrees to indemnify and hold Agent harmless from any claims arising from title, condition, disclosure, or representation of the Items.

5. COMMISSION, BUYER’S FEES & ADDITIONAL CHARGES
If an Item is accepted and sold:

Agent may charge the Seller a commission or other fees as disclosed separately or in auction-specific terms.
Agent reserves the right to charge a buyer’s premium or buyer’s fee to purchasers, the amount and structure of which shall be determined by Agent and disclosed to buyers prior to bidding.
Buyer’s fees are paid by the buyer and do not reduce the Seller’s agreed net proceeds unless otherwise disclosed in writing.
If an Item does not sell, a no-sale or marketing fee may apply if previously disclosed.

Early withdrawal of accepted Items may result in additional fees.

6. PAYMENT & SETTLEMENT
Buyers shall remit payment directly to Agent.

Agent will remit net sale proceeds to Seller within fifteen (15) banking days of receipt of cleared funds, less applicable commissions, fees, or charges.

Seller agrees not to release Items to any buyer without written release authorization from Agent.

7. ITEM RELEASE
Seller agrees to release sold Items only upon presentation of valid Hightrac release confirmation.

Seller is responsible for storage, security, and insurance of Items until released unless otherwise agreed in writing.

8. DEFAULT & LATE FEES
Any unpaid amounts due from Seller may accrue a late fee of 5% per month (minimum $5.00) and may result in suspension from future Hightrac auctions or marketing programs until resolved.

9. ELECTRONIC SIGNATURE & RECORDS
Seller agrees that this Agreement is executed electronically and that electronic signatures, submission records, timestamps, IP addresses, and payment confirmations constitute legally binding evidence of execution.

10. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties and supersedes all prior discussions or representations.

This Agreement shall be governed by the laws of the State of Tennessee, with venue in Crockett County, Tennessee.

SELLER ACKNOWLEDGEMENT
By clicking yes in the next question box and signing electronically, Seller confirms that they have read, understand, and agree to all terms and conditions of this Agreement.